The Slow Cyclist
Terms and Conditions
- Your contract is with The Slow Cyclist Ltd (Company registration number 9326033) whose registered office is at Foxbury, Upton Estate, Banbury, OX15 6HT. The Slow Cyclist Ltd. are hereinafter referred to as ‘the Company,’ ‘we,’ or ‘us’ in respect of these Terms and Conditions, which apply to all of the scheduled products in our brochures and on our website, and to all our holiday package products.
- For the purposes of these Terms & Conditions The Client or ‘you’ is the paying customer, whether that be a member of a private group or an individual joining a group tour. As a paying customer in a private group you confirm that you have authority to book on behalf of all other people within your group, for whom you will be responsible in accordance with these Terms and Conditions.
B. The Booking Form And Payment
- All bookings are made and accepted in accordance with ‘The Contract.’ The Contract comprises: a) These Terms and Conditions, b) If relevant, the specific itinerary for the tour on which you have booked and c) the booking form, all of which are hereby incorporated into and shall constitute the entire contract made between the Company and the Client. Where there is a discrepancy, these Terms and Conditions will prevail.
- To make a booking for a tour with us, you must be 18 years old.
- The Contract is held between the person paying for the trip and the Company. By paying a deposit you are creating a contract between you – and your travelling companions – and the Company. The balance payment is due no less than 8 weeks before the Departure Date. If the booking is made less than 8 weeks before the Departure Date the Client must pay the tour price in full when booking.
- For private and tailor-made itineraries we require a one-off £500 non-refundable deposit in order to hold dates and complete the design of your journey. Once all elements of the itinerary are agreed a 30% Confirmation Deposit shall be requested from th designated group leader and, thereafter, from each member of the party. When payment is received and confirmation is sent to the Client, the Contract is in place.
- In the case of international payments the Client will ensure that the full GBP Sterling amount is received by the Company after all bank charges and any interest rate fluctuations have been levied.
- Payment is required via a debit or credit card at the time of booking. We do not accept other methods of payment.
- Please make sure you have the permission of your travelling companions before inputting their details into the Company’s online booking form. Likewise, by providing us with their contact and other personal details, you agree that we may contact them in relation to their holiday with The Slow Cyclist.
- We reserve the right for whatsoever reason to return payment to you and refuse acceptance of your booking at any time.
- Every Client will be added to the Company’s email newsletter upon booking.
C. Failure to Pay the Balance of Payment when Due
- If the balance of the monies due from the Client to the Company is not paid 8 weeks prior to departure, we retain the right to treat the Contract as cancelled by the Client and retain all deposits.
D. Date of Departure
- The Date of Departure is the date of commencement of the tour
E. Passports, Visas and Health Matters
- Medical vaccinations, passports, visas etc. are not the responsibility of the Company, but the Client. Where required, you must arrange them yourselves prior to departure. We take no responsibility for cancellation of your trip in the event that you are not allowed to fly, or continue your tour. If you are unable to travel due to not being able to obtain (or not having) the appropriate visa we reserve the right to retain the cost of the trip.
- You must ensure you are medically fit to travel and participate in the tour. We accept no responsibility for any losses you incur or any element of the tour that you are unable to participate in, on account of your health or fitness. It is your responsibility to ensure that you research your intended destination(s) and activities to determine whether you are able to participate and that you are at the required fitness level to undertake the tour.
F. Amendments & Cancellations by The Client
- If after you have paid your Deposit you wish to change your arrangements in any way, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be from the person who made the booking. You may be asked to pay an administration charge of £20.00 per person.
- Pricing for private groups is determined by the number in the group. If group numbers increase the company may see fit to reduce the price for all remaining group members. Likewise, if group numbers diminish at any point in the lead up to a client’s travel dates the company reserves the right to increase the price for all remaining members of the party.
- Your tour is subject to cancellation penalties depending on how late you cancel in writing to us. If you cancel your tour, the following fees will apply: 60 days or more prior to departure – loss of deposit; 59-46 days before departure – loss of 50% of tour cost; 45-30 days before departure – loss of 70% of tour cost; less than 30 days – loss of 100% of tour cost.
- Refunds under 2. above do not include the cost of gorilla or monkey permits in Rwanda or Uganda. Once the Client has paid the Company for the cost of a permit and the Company has purchased the permit on behalf of the Client, the cost is not refundable. If the Client cancels a tour before departure and the Company has not yet purchased the permit at the time of cancellation, the cost will be refunded to the Client (less an administration fee of £20). However it is entirely at the discretion of the Company as to when the permit purchase is made. If, once on the tour, the Client does not participate in a paid-for gorilla or monkey trek, the cost shall not be refunded. If the Client wishes to discuss any aspects of the gorilla or monkey treks and costs, we would be happy to do so.
G. Amendments & Cancellations by The Company
- All our trips are personally researched by us and carefully planned. As conditions change though we may find improvements to our itineraries that will benefit everyone. We may also have to alter an itinerary due to unforeseen circumstances. We will always seek to maintain our high standards.
- Occasionally changes may occur without prior notice for reasons over which we have no control. The Company reserves the right to make changes without prior notice at any time, both before and during the tour. It is agreed that a published itinerary constitutes only an indication of what the tour plans to accomplish and is not to constitute a contractual obligation on the part of the Company.
- The Client agrees that the nature of the tours offered by the Company require a degree of flexibility and that the contents and timings of the tour (including the arrival time at the tour’s destination, changes in route or method of transport) may be materially and consequentially affected as a result of ‘force majeure’, weather, local political conditions, man made or natural disasters (including landslides, earthquakes and severe flooding), entry or border difficulties, mechanical breakdowns, flight cancellations, sickness or other unforeseen circumstances. You agree to accept this flexibility and to accept that we cannot be held responsible for delays and alterations in the schedule, or for expenses incurred as the result of any delay or alterations arising from any such circumstances over which we have no control.
- When a major change becomes necessary before the tour departure, notification of such alterations will be sent to the Client’s last known address (email or postal) as soon as the Company becomes aware. The Company will in its sole and absolute discretion (acting reasonably) decide what constitutes a major change of itinerary, and the Client agrees to accept the same.
- If a major change to an itinerary is necessary prior to commencement of the tour – including a date change – the Client will have the choice of either accepting the change of arrangements, taking another available tour from the Company, or cancelling the tour and receiving a full refund provided that the major change is not due to flight cancellations, civil or political unrest or ‘force majeure’ or any other reason beyond the control of Company, and provided they do so within 14 days of notification.
- The Company reserves the right to alter itineraries after departure, without refund, if it is believed by the Company to be in the interest of the Client to do so. If an itinerary has to be changed during a tour, the Company will decide the new itinerary. The Company should in its sole and absolute discretion decide what constitutes a major change of itinerary (and the Client agrees to accept the same). Should a Client choose not to participate in the revised itinerary and cancel the tour, reasonable help will be given to facilitate their return to the place of origin of travel, but no refund or compensation will be payable in respect of any unused hotel accommodation or any other services on a tour.
- Be aware that wherever specific amenities or activities are mentioned in itineraries, including Tailor-Made Itineraries, they are offered subject to availability and may therefore be subject to change. This includes hotel and other accommodation, specific meals, guides and other activities. We will always try to inform the Client of any changes to all itineraries.
- The Company retains the right to change or cancel your tour entirely in extreme circumstances, for example if your safety or the quality of the trip, in our opinion, is deemed to be compromised. If we cancel your trip, we will reimburse all monies that we can retrieve from our suppliers. However we cannot be held responsible for losses you may incur with third parties, such as airlines or hotels. For this reason we strongly recommend that you obtain suitable insurance.
- In the event of cancellation caused by a group not reaching minimum numbers (an amount which will be determined by The Company), then the Company shall notify the Client not less than 8 weeks prior to departure that the minimum numbers have not enrolled and the tour is cancelled, in which case we will offer you an alternative tour of an equivalent or lesser price. If this is not acceptable, all payments made to the Company in respect of the tour shall be reimbursed.
H. Foreign and Commonwealth Office Advice
- The Client acknowledges that they are responsible for making themselves aware through Foreign Office advice, State Department warnings and any other sources available to them, about the safety of the countries and areas in which they will be travelling and to make their decisions accordingly.
- Whilst we will do our best to inform clients of relevant changes to the FCO Travel Advice (www.fco.gov.uk), it is up to the Client, and not the Company, to know what the FCO travel advice to a certain country, or region of a country, is and to be adequately insured to travel there. The Company accepts no liability if the Client a) chooses to cancel a booking because of FCO advice or b) is not adequately insured to travel.
I. Changes to the price of your holiday after you have booked
We recognise that changes to the price of your holiday are not desirable, neither for you nor us. We take reasonable steps to try and minimise the likelihood of this. However, if it is necessary to do so, we reserve the right to change your holiday price after you’ve booked (but not within the 20 days before your trip with us starts) if there are external changes to the costs of running your trip, for example changes to the cost of fuel or other power sources, increase in accommodation or supplier costs, changes in the level of taxes or fees imposed by third parties or exchange rates. We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your holiday. You may be charged for the amount over and above that. In the unlikely event that this results in an increase equivalent to more than 8% of the price of your holiday with us, you will have the option within 14 days of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you, less any administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
J. Transfer of Booking by the Client
- Any transfer made by the Client later than 90 days prior to departure will be subject to the Company’s discretion and subject to a £50 administration fee and any additional costs incurred by the Company in respect of that change. If for any reason the Company deems that transfer unfeasible, then conditions relating to cancellation by the Client apply.
- Where the Client is prevented from proceeding with the tour, the Client may transfer the booking to a person who satisfies all the conditions applicable to the tour, having first given the Company notice as soon as possible of their intention. The Transferee will sign a new Booking form, and pay the transfer fee as defined in this Clause. The Transferee signing the booking form also agrees to be bound by these Terms and Conditions.
- The Client and the Transferee shall then be jointly and severally liable to the Company for payment of the balance and for any additional costs arising from such transfer.
K. Company and Client Responsibility
- The Client’s booking is accepted on the understanding that they realise the potential risks and hazards that can be involved in tours of the kind provided including injury, loss or damage to property, discomfort and inconvenience.
- The Client accepts that they may travel to remote areas where possible problems may include forces of nature, terrorism, civil unrest, war and accidents. The Client also accepts any risks associated with altitude, illness, disease and physical exertion knowing that access to evacuation and/or suitable medical supplies and support may not always be available and is likely to take a considerable amount of time.
- For each tour the Company will use locally arranged transport as shown in the specific tour itinerary. The Client agrees that the obligation of the Company to the Client is to use reasonable skill and care to select competent, independent sub-contractors to provide reasonable transport given local conditions and any other services related to the Tour and to exercise reasonable care in selecting such suppliers.
- The Client’s booking is accepted on the understanding that safety standards in the developing world and other countries are not the same as in the UK and facilities such as vehicle safety belts are often not available.
- We take reasonable care to provide interesting and safe accommodation however the Client’s booking is accepted on the Client’s acceptance that safety standards in the developing world and other countries are not the same as in the UK and facilities such as fire escapes are often not available.
- The Company does not accept liability for costs, loss or compensation should there be no fault on the part of the Company or its suppliers and the reason for the improper performance of the tour arrangements was either the Client’s fault, the actions of someone unconnected with the tour arrangements or could not have been foreseen or avoided by the Company or its suppliers even if all due care had been exercised. Where the Client does suffer personal injury or death as a result of an activity forming part of the tour arrangements booked with the Company, the same conditions shall apply.
- By making a booking the Client confirms and agrees to the following:
– I have chosen a trip that suits my abilities, level of fitness, and health.
– I do not have any physical conditions or disabilities that are a hazard to me or others.
– I have a valid passport and all visas, permits, certificates, and vaccinations required for travel.
– I will read all pre-trip materials.
– I will communicate any special requests at least 30 days prior to travel. I accept that the Company will try to accommodate special requests but cannot guarantee they will be met.
– I will respect the laws and customs of countries visited.
– I will follow safety advice and directions including wearing of helmets and speed and manner of cycling.
– I will follow environmental guidelines and regulations while on the trip in accordance with guide direction.
– I will respect the rights and privacy of fellow guests.
– I understand that group travel invariably involves compromise to accommodate the diverse desires, travel goals, personalities, and physical abilities of all group members.
– I understand that the Company reserves the right to refuse service during a trip to anyone whose health or behaviour could impede the welfare or enjoyment of fellow guests.
– I understand a road less travelled means that access to medical facilities and evacuation services may be limited.
– I understand the weather is out of the Company’s control.
– I will always wear a helmet when riding. I will not wear headphones when riding. I will not use my cell phone while riding.
– I will consume alcohol responsibly.
– I will be responsible for all and any damages made to a hotel room.
- If you do not comply with the items set out above the Company reserves the right to remove you from the trip at your expense with no refund for the missed portion.
- The Client acknowledges that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement and are reasons for my voluntary participation.
- The Company is not liable for bodily injury or property damage as a result of (but not limited to): physical exertion for which a guest is not prepared; forces of nature; cycling accidents, collisions with bicycles, pedestrians, or automobiles; road conditions including but not limited to lack of shoulder or cycle lanes; the condition of roadway or track surfaces; slips and falls; travel by plane, train, auto, boat, or other conveyance, or by bicycle, ski, horseback, foot, or other form of active or adventure travel; consumption of alcoholic beverages; civil unrest; terrorism; breakdown of equipment; high altitude; lack of or limited access to medical attention in remote locations or the adequacy of medical attention once provided.
- The Client freely and voluntarily assumes complete personal responsibility for such risks and for the injuries or death that may occur as a result of these risks, even if such injuries or death occur in a manner that is not foreseeable.
- The Client accepts and agrees that the Company has no responsibility to provide medical care to the Client and has made no offer or promise to do so. However, in the event of an accident or medical situation, the Client authorises the Company to obtain medical care on my behalf and/or to transport me to a medical facility, if necessary, but the Company is not responsible or liable for that medical care or the transportation to the place of treatment.
- The Client accepts and agrees that the Company does not carry or maintain health, medical, or disability insurance coverage for any participant. Each Client is expected and encouraged to obtain their own travel insurance as well as medical or health insurance coverage, and to check with their own travel insurance as well as medical or health insurance coverage, and to check with their own health insurance provider about coverage while traveling abroad.
L. Limitation of Liability
- Our responsibility does not start until you meet the group at the designated start point overseas; usually the airport in the city at the start of the trip. We are not responsible for any additional expenses incurred by you in getting to the meeting point.
M. Travel Insurance
- Everyone who books a tour through us must take out sufficient insurance to cover the loss or damage of baggage, all equipment (including, but not limited to, bicycles, helmets and electronic equipment such as personal navigation devices whether hired or otherwise). Insurance should also cover medical expenses and any repatriation costs if you become too ill to continue with your tour.
- The Company recommends that you purchase insurance specifically designed to cover the type of tours that we offer and to the specific destinations you will be travelling to. Any claims associated with matters for which you are insured must be directed to your insurers. It is your responsibility to ensure you arrive at the start of the tour within a reasonable time to commence the start of the journey, as we cannot refund you outside the terms of our Terms and Conditions. We do not include international flights in our packages and so if you have booked flights independently, we advise that you arrange insurance to cover any costs incurred if we are forced to cancel or change your tour or if your airline cancels your flight and you are unable to make it to the start of your tour.
- The Client’s insurance cover should extend for the planned duration of the tour and at least an additional day.
N. Financial Protection
- The Slow Cyclist ensures 100% financial protection against the Company’s insolvency for all Clients via Trust My Travel. Details of the protection can be found at https://trustprotects.me/the-protection/. In the event of our insolvency Clients will receive a full refund (and repatriation where applicable).
- Please ensure you retain your booking confirmation and any communication from Trust My Travel as evidence of cover and value
- Policy exclusions: the policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond.
- We will always endeavour to resolve a complaint as it arises. In order to do this we need to be made aware of the complaint. The Client agrees to the following procedure:
- The Client will ensure at the earliest opportunity any perceived failure in the performance, or improper performance in the Contract, whether by the Company or its suppliers, is communicated in writing to the Company’s Tour Leader. The Company and the Client will then make prompt efforts to resolve the complaint.
- The Client agrees to give written details of any unresolved serious complaint to the Tour Leader.
- In the event that the complaint remains unresolved then the client agrees to set out their complaint in writing to the Company within 7 days of completion of the tour.
- The Client agrees that these provisions are reasonable and that any failure by the Client to comply with them will, at the Company’s discretion, exclude any rights arising out of the Contract.
- The Client agrees that the Company, or their designate, may use any photographic or film records of the trips for promotional and/or commercial purposes without any remuneration to the Client. The Client agrees to assign all right, title and interest they may have in or to any media in which their name or likeness might be used to the Company.
- The Client, and all members of the group, agree to allow the Company to contact them by email to let them know our latest news and any offers.
Q. General Conditions
- No person, save with the expressed permission in writing of a Director of The Slow Cyclist Ltd, has the authority or is empowered to waive or vary any of the Contract.
- The invalidity or illegality of any clause within these Terms and Conditions shall not affect the continuation in force of the remainder of these terms.
- The Contract shall be construed in accordance with English Law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts to settle any disputes, which may arise out of or in connection with the Contract.